Switzer v. Garst

U.S. Court of Appeals for the Fourth Circuit February 25, 2005

Opinion

No. 04-2150

Plaintiff - Appellant,

versus

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (CA-04-64-SGW)

Submitted: January 28, 2005 Decided: February 25, 2005

Before WILLIAMS, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas L. Switzer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Thomas L. Switzer appeals the district court’s orders

denying his application to proceed in forma pauperis, denying his

request for reconsideration, and dismissing without prejudice his

civil action as frivolous. Because the dismissal was without

prejudice, we dismiss the appeal for lack of jurisdiction because

the order is not a final, appealable order. See Domino Sugar

Corp. v. Sugar Workers Local Union 392,

(4th

Cir. 1993). We also deny Switzer’s motion to proceed in forma

pauperis on appeal. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

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